Blog - BHANDLAW

01Oct 2019 by bhandlaw

Can I Tape Record a Conversation Like in ‘Succession’?

Graeme Hunter/HBO HBO's "Succession" is one of my favorite shows going, and easily one of the best things on TV. It's not even a debate. The subplot of a recent episode, in which one of the less scuzzy supporting characters (Greg) secretly tapes his conversation with far sleazier boss (Tom) in order to have evidence of Tom ordering him to destroy, well, evidence, provided a fine excuse to cover the question: Is it illegal to secretly tape record your live conversation with someone? Arizona is a "One-Party" State No, I am not talking politically. When it comes to recording a conversation you're having, Arizona is what is known as a "one-party" or "single-party" consent state. Under Arizona Revised Statutes §13-3005, it is a felony for you to intentionally "intercept" a…

19Sep 2019 by bhandlaw

Buyers Should Perform Lien Searches before Acquiring a Business

Business Sale, Contracts, Liens, UCC

Nick Youngson - http://www.nyphotographic.com, Alpha Stock Images - http://alphastockimages.com Potential buyers of businesses should take every possible step to search for and investigate potential liens affecting the acquired company's assets. Our recent representation of the buyer in the purchase of a local contractor company illustrates the importance of making sure that the target business’ assets are not encumbered by liens. Even if the transaction is structured as an asset sale, a seller’s liens might unknowingly become your problem. What is a Lien? First thing's first: a lien is a legal right or interest that a creditor has in another person or company's property. If you or your partners are purchasing a business and that company's assets are encumbered by a lien, a third party may have an interest in the…

27Aug 2019 by bhandlaw

Yes, Your Website Needs a DMCA Agent. Here’s Why.

Copyright, Copyright Infringement

As a Phoenix business law firm focusing in tech and e-commerce, I often see website owners who have designated a DMCA agent in their Terms of Use but have done little else beyond that. This could be a serious (if not costly) oversight. In this article, I'll explain why. What is The DMCA? The Digital Millennium Copyright Act of 1998 (“DMCA“) is a federal law that deals with the protection of copyrighted materials online. In addition to affording protection to the copyright owner through a formal process by which the owner may assert their rights over media and have copyrighted material removed from websites and other online providers quickly, the DMCA provides protection to those websites and mobile apps that allow (and in many cases rely upon) user-generated content. However,…

15Aug 2019 by bhandlaw

TEAS Time: Which USPTO Trademark Application Do I Use?

Uncategorized

So you’ve got a hot brand name or logo that you’re ready to register as a trademark but, when you go to the United States Patent and Trademark Office (USPTO) website to e-file your application, you are confounded by the three choices: TEAS Plus, TEAS Reduced Fee, and TEAS Regular. What the heck is the difference and which one should you use? Well, if you want to file your USPTO application yourself, which method of filing you use will depend largely on your registration needs and to a lesser degree you or your company's budget. First of all, TEAS is the acronym for the USPTO's Trademark Electronic Application System. There are currently three TEAS to choose from: TEAS Plus, TEAS Reduced Fee, and TEAS Regular. If you’ve tried to apply…

31Jul 2019 by bhandlaw

Where Can I Get My Arizona Business License?

Business Formation, Corporations, Licensing

There are occasions when I'll get a call from a new (or aspiring) business owner who calls or e-mails me saying, "I need to get an Arizona business license". This statement is normally followed up by some variation of, "Can your firm help us with this?" These questions are based largely on a number of (understandable, yet incorrect) assumptions: First, that their business even requires a license to begin with; second, that such a license is given out by some central licensing authority here in Arizona, and, lastly, that there is a one-size-fits-all business license for every type of business out there. While one or more of these assumptions might be true in other 49 States, this is not the case here in Arizona. Generally speaking, Arizona handles business licensing…